What is “Comp Time”?
You may be familiar with the term “comp time,” which refers to the practice of allowing an employee to take extra time off from work after a long week, instead of being paid overtime wages. What you may not know, however, that in most situations, the practice is illegal, if you are working for a private, non-governmental employer, and you are a “non-exempt” employee otherwise eligible for overtime pay.
For example, if you work 56 hours in a week and you are told that you can have two eight-hour days off in some other week to offset the extra 16 hours, this is probably a violation of the law. You are supposed to be paid overtime for the 16 hours you worked in the first week.
In learning about the law, you might find it to be frustrating that you cannot have comp time, even if you and your employer both want it. Part of the reason, however, that there are overtime laws, is because these laws help discourage employers from overworking current employees and failing to hire additional workers. While a system that is truly voluntary and permits employees to choose the option best for them (additional pay or time off) might be ideal, the reality is that most workers have little say in their hours or working conditions, and are unlikely to be able to exercise an option that is not in the employer’s interest.
Many so-called “comp time” arrangements do not comply with the law. You may have a claim against your employer for unpaid wages if your employer’s “comp time” policy doesn’t follow the law. If you believe you have a claim against your employer, then you should contact a government agency and/or a lawyer in your area to help you determine how to proceed. Depending on the amount of wages owed you, the amount may be too small for a lawyer to pursue a case against your employer on your behalf, but there are federal and state government agencies that can help you, even if you do not have a lawyer.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/comp-time